Whiplash Injury Claims – How Much Compensation Can You Claim?

Whiplash is one of the most common types of injury sustained in road traffic accidents. Importantly, if you’ve suffered a whiplash injury due to somebody else’s negligence, you may be eligible to make a whiplash claim for compensation.

We have a team of solicitors with over 30 years of experience handling injury claims on behalf of clients. Their role is to try and achieve the maximum amount of whiplash compensation that’s possible in each case. If your case is accepted, you’ll benefit from that experience, and you’ll probably find that your stress levels are reduced because your solicitor will work on a No Win No Fee basis.

After you have completed our whiplash claims guide and you’re ready to start the process, you can call us to learn if we can help you make a claim on 0800 6524 881.

Am I Eligible To Make A Whiplash Injury Claim?

Anybody who has suffered whiplash in an RTA may be able to claim compensation if somebody else was at fault, whether you’re a driver injured in a rear-end accident, a passenger, a cyclist, a motorcyclist, or another person injured in the collision.

To make a successful whiplash claim, you’ll typically need evidence that proves:

• The defendant owed you a duty of care; and
• They breached this duty causing an accident; and
• As a result, you sustained whiplash.

All road users owe each other a duty of care under the Road Traffic Act 1988 and the Highway Code. You needn’t worry too much about this though, as your solicitor will know which law is relevant to your case.

Can I Claim Whiplash Compensation If The Other Driver Was Uninsured?

Yes, even if the other driver was uninsured or cannot be identified, you could still claim whiplash compensation. This is facilitated by the Motor Insurers’ Bureau (MIB), an organisation that compensates victims of accidents caused by uninsured or untraceable (hit-and-run) drivers.

The MIB operates under agreements with the UK government and is funded by all motor insurers in the country through their insurance premiums.

If you’d like to know more about making a whiplash claim through the MIB, we may be able to help. Please contact our advisors to find out more.

How Much Compensation Will I Get For Whiplash?

The amount of compensation for whiplash you could get will depend on the severity of your injury and the impact it’s had on your life.

If your case is taken on by one of our solicitors, they’ll typically divide it into two categories: general damages and special damages.

• General damages. This compensates you for the pain, suffering (physical and psychological), and loss of amenity caused by the whiplash injury. The amount depends on the severity of the injury and how it affects your daily life.
• Special damages. This covers the financial losses you’ve incurred due to the injury. It may include:
  • • Loss of earnings (if you were unable to work).
    • Medical expenses (such as physiotherapy or prescription fees).
    • Travel costs (for medical appointments or rehabilitation).
    • Costs for care or assistance.
    • Any other out-of-pocket expenses directly related to your whiplash injury.

Call us today if you’d like a free case review. If a solicitor decides to represent you, they’ll let you know the amount they’ll claim once they have assessed everything fully.

Whiplash Reform Programme

We should point out that under the government’s Whiplash Reform Programme, we may not be able to help with a whiplash claim where the value of your injuries alone is likely to be less than £5,000. In these cases, most claims need to be made through the Official Injury Claim online portal, which is designed for self-representation.

However, this process only applies to road traffic accident claims. If you’ve suffered multiple injuries or other financial losses, your claim could be worth more than you realise. Because it isn’t always easy to put an accurate value on your injuries yourself, we’d suggest speaking to one of our claims advisors first to check whether your claim falls inside or outside of the portal process.

Whiplash Compensation Amounts

While we can’t tell you what your whiplash claim could be worth in total, we can provide whiplash compensation amounts (for road traffic accidents) according to The Whiplash Injury Regulations 2021.

As you can see, the amount paid for whiplash from an RTA is based on the severity of the injury. Therefore, an independent medical assessment will be required.

Evidence To Support A Whiplash Claim

To give your whiplash claim the best chance of success, you’ll need strong evidence to back it up. This might include:

• Driver details. Collect the name, insurance details, and vehicle registration number of all drivers involved.
• Witness details. Collect the names and contact information of anybody who witnessed the accident. Witness statements can help support your whiplash claim.
• Photographs. Take clear pictures of the accident scene, the vehicles involved, road conditions, and any visible injuries. Ideally, do this before anything is moved or altered.
• Medical records. Get your whiplash injury assessed and treated promptly at A&E, a minor injuries unit, or your GP surgery. Keep records of any diagnoses, treatments, and prescriptions, as these will support your claim.
• Police report. If you were in an RTA that required police involvement, request a copy of the police report.
• CCTV or dashcam footage. If the accident was captured on CCTV or dashcams (such as from nearby buildings, vehicles, or traffic cameras), request copies as soon as possible. This footage can provide strong evidence.

Having solid evidence can make the whiplash claims process much smoother, especially if the other side disputes responsibility for your injury. If you’d like a free review of the evidence you’ve already gathered, just give our specialist advisors a call today.

Time Limits For Claiming Whiplash Compensation

You’ll usually have 3 years to start a claim for whiplash compensation. Mostly, this will commence from the date the accident took place. However, it could start from a later date if you only realised afterwards that your whiplash was connected to the accident. Two exceptions to this rule are when a child suffers whiplash and if the person lacks mental capacity.

As children aren’t legally allowed to represent themselves, a responsible adult can sign up as their litigation friend. Using this process, whiplash claims can be made at any point before the child turns 18 years old. The process is much the same, but the litigation friend will need to represent the child in discussions with their solicitor. If a claim isn’t started, the 3-year time limit will start from their 18th birthday.

Similarly, for individuals who lack the mental capacity to manage a whiplash claim, the 3-year limitation period is essentially suspended. However, a litigation friend could start the whiplash claims process on their behalf at any time while the individual remains incapacitated.

We suggest that starting your whiplash claim as early as possible will make things a lot easier.

Do I Need A Solicitor To File A Whiplash Claim?

No, you are not legally required to have a personal injury solicitor to file a whiplash claim. However, in our opinion, having a solicitor can be highly beneficial. For example, if one of our solicitors handles your claim, they’ll guide you through the process, handle all the paperwork, and negotiate with insurance companies on your behalf.

Additionally, using a solicitor can help reduce the stress of the process and may improve your chances of a successful outcome.

Importantly, our solicitors work on a No Win No Fee basis, so you won’t pay any fees unless your whiplash claim is successful.

How Long Do Whiplash Claims Take?

The length of time a whiplash claim takes can vary depending on factors like the complexity of the case, the severity of the injury, and whether liability is disputed.

Here are a few factors to consider :

• Straightforward claims. For simple cases where liability for the whiplash injury is clear and is relatively minor, settlements can sometimes be reached within a few months.
• Complex claims. If the claim is more complicated, for example, if there are additional serious injuries, if liability is disputed, or if there are complications in proving the extent of the injuries and their impact on your life, the claim can take much longer to settle. In such situations, it might take anywhere from several months to a few years to settle.
• Negotiations. Some whiplash compensation claims may require negotiation between your personal injury solicitor and the defendant’s insurer, which can be time-consuming. If the claim cannot be settled through negotiation and proceeds to court, this can further extend the length of time it takes.
• Recent legal changes. It’s also worth noting that recent changes to the legal process for handling whiplash claims, as mentioned above, especially those of a lower value, may affect the time it takes. The encouragement of using an online portal for smaller claims aims to speed up the process, but the actual impact may vary.

Given these factors, it’s important, in our opinion, to seek legal advice to better understand how your specific circumstances might influence the timeline of your whiplash claim. A solicitor on our team can provide a more accurate estimate based on the details of your case if you’d like to get in touch for a free consultation.

Starting The Whiplash Injury Claims Process

We hope that this whiplash claim guide has shown you when you may be eligible to claim compensation for whiplash. We believe that your chances of receiving a fair amount of compensation increase when you have a personal injury solicitor working for you.

We’ll review your case for free and let you know if it’s something we can help with or whether you should claim through the government’s whiplash claims portal. If we decide to represent you, your solicitor will present the case to the defendant’s insurers or legal team on your behalf and deal with all communication for you.

We’re here when you’re ready to start the whiplash claims process. To get in touch, you can call our advice line on 0800 6524 881. An advisor will talk you through the whiplash claims process, review your evidence, and connect you with one of our solicitors if your case has strong enough grounds.